What is Considered Resisting Arrest?
Resisting arrest is a criminal offense that occurs when an individual refuses to comply with a law enforcement officer’s instructions to stop, surrender, or submit to arrest. This can take many forms, from physical resistance to verbal defiance. In this article, we will explore what is considered resisting arrest, the legal implications, and the consequences of this offense.
What is Considered Resisting Arrest?
Resisting arrest is typically defined as the act of physically or verbally resisting a law enforcement officer’s attempts to take you into custody. This can include:
• Physical resistance: Hitting, kicking, biting, or using any other form of physical force to try to evade arrest.
• Verbal resistance: Refusing to comply with an officer’s instructions, using profanity or threats, or making a scene to avoid arrest.
• Passive resistance: Refusing to move or comply with an officer’s instructions, such as sitting or lying down in the street.
Examples of Resisting Arrest
Here are some examples of behaviors that may be considered resisting arrest:
• Fighting with an officer: Punching, kicking, or using any other form of physical force against an officer who is attempting to arrest you.
• Trying to flee: Running away from an officer who is trying to stop you, or attempting to escape from a vehicle or building.
• Using a weapon: Threatening or using a weapon, such as a knife or gun, against an officer who is attempting to arrest you.
• Refusing to provide identification: Refusing to provide identification or proof of identity when asked to do so by an officer.
Legal Implications of Resisting Arrest
Resisting arrest is typically considered a misdemeanor offense, punishable by fines and/or imprisonment. The specific penalties will depend on the jurisdiction and the severity of the offense.
Consequences of Resisting Arrest
Resisting arrest can have serious consequences, including:
• Increased charges: Resisting arrest can lead to additional charges, such as assault on a police officer or disorderly conduct.
• Increased sentence: If you are convicted of resisting arrest, you may face a longer sentence than you would have if you had simply complied with the officer’s instructions.
• Loss of rights: Resisting arrest can lead to the loss of certain rights, such as the right to possess a firearm or the right to vote.
• Strained relationships: Resisting arrest can damage relationships with family, friends, and the community, and can lead to feelings of guilt, shame, and regret.
Table: Resisting Arrest vs. Obstruction of Justice
| Resisting Arrest | Obstruction of Justice | |
|---|---|---|
| Definition | Refusing to comply with a law enforcement officer’s instructions to stop, surrender, or submit to arrest. | Intentionally interfering with a law enforcement officer’s ability to perform their duties. |
| Examples | Physical or verbal resistance, trying to flee, using a weapon. | Destroying evidence, intimidating witnesses, or interfering with an investigation. |
| Penalties | Fines and/or imprisonment. | Fines and/or imprisonment. |
When is Resisting Arrest Justified?
In some cases, resisting arrest may be justified if:
• The officer used excessive force: If an officer used excessive force or brutality, it may be justified to resist arrest.
• The officer lacked authority: If an officer did not have the authority to make the arrest, it may be justified to resist.
• The officer was acting in bad faith: If an officer was acting in bad faith or with malicious intent, it may be justified to resist.
Conclusion
Resisting arrest is a serious offense that can have significant legal and personal consequences. It is important to understand what is considered resisting arrest and to avoid engaging in behaviors that may be perceived as resisting arrest. If you are ever stopped by a law enforcement officer, it is important to remain calm, comply with their instructions, and seek legal advice if you have any questions or concerns.
